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2016 (11) TMI 899 - ALLAHABAD HIGH COURT

2016 (11) TMI 899 - ALLAHABAD HIGH COURT - TMI - Assessment of turnover - best judgement assessment - suppression of facts - Held that: - While it is true that the Tribunal is the last fact finding authority, this Court cannot at the same time shut its eye or gloss over findings which have come to be recorded in the total absence of cogent and reliable material nor can findings of fact so recorded by the authorities be affirmed even though they may be wholly perverse - the two loose papers which .....

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e the Act places the burden of proof in respect of special facts on the assessee, the burden to prove the occurrence of a taxable event lies solely on the shoulder of the revenue. This burden in the facts of the present case did not stand discharged - revision allowed. - Sales/Trade Tax Revision No. 268 of 2011 - Dated:- 27-7-2016 - Hon'ble Yashwant Varma, J. For the Applicant : Krishna Agrawal For the Opposite Party : C.S.C ORDER Heard the learned counsel for the revisionist and the learned .....

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During the course of the survey, the team seized a diary and two loose papers which in the submission of the Department evidenced an intent to suppress the actual turnover of the assessee. No adverse inference was drawn by the Assessing Authority on the basis of the seized diary. However on the basis of the two loose papers which were found, the Assessing Authority proceeded to estimate the total evaded sales at ₹ 4,76,241/-. Additional tax liability was accordingly imposed upon the revisi .....

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has submitted that before the Assessing Authority and consequent to the notices issued, a detailed explanation was submitted by the assessee. In this explanation, the categorical case set up by the assessee was that the two loose papers did not relate to the business of the assessee. It was contended before the authorities that the two loose papers in fact related to one Rahul Bansal, who was the younger brother of the proprietor of the assessee. It was pointed out by the learned counsel that th .....

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osited by the assessee. For the aforesaid reasons, the learned counsel for the revisionist submits that the rejection of books of accounts and enhancement of business turnover was clearly illegal. Learned standing counsel, on the other hand, has contended that the Tribunal is the last forum for examining issues on facts. It is his submission that based on the material which was seized during the course of the survey, the assessing authority was fully justified in rejecting the books of accounts .....

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rities be affirmed even though they may be wholly perverse. In the facts of the present case, this Court finds that from the material seized, no adverse inference was drawn from the diary. That left the Assessing Authority only two loose papers, which as has been demonstrated by the learned counsel for the revisionist, ex facie did not evidence a connection to the business of the revisionist. The two loose papers also evidenced payment in respect thereof by account payee cheques. The cheques wer .....

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